1 00:00:01,77 --> 00:00:08,10 Cold reading the Korean culture borders going appeals to order. For when say 2 00:00:08,11 --> 00:00:11,16 December seventeenth and began 3 00:00:11,17 --> 00:00:17,69 a pledge of allegiance. To the fire. 4 00:00:20,55 --> 00:00:26,58 Loving. Nation Under God is it will be possible. 5 00:00:30,86 --> 00:00:34,68 To dispense with the explanation to Jews who write 6 00:00:34,69 --> 00:00:41,65 a book well please. Mr Price here. Mr Barr told Mr Martin 7 00:00:41,96 --> 00:00:48,92 your server Tim and Mr Running are here at this point we'll speak over 8 00:00:48,93 --> 00:00:55,41 it really. Looked directly reflect that he did the 9 00:00:55,42 --> 00:01:02,00 sparkles absent. We have. No one to swear in. 10 00:01:03,28 --> 00:01:09,09 For we'll go to your fields which there is none and that means we can drop down to 11 00:01:09,11 --> 00:01:11,52 resolution for adoption do you have 12 00:01:11,54 --> 00:01:15,57 a piece of new business that come before. We have 13 00:01:15,58 --> 00:01:20,48 a new item my gender will have new business but we can do new business but yeah 14 00:01:20,50 --> 00:01:27,23 that was the change to the suggestion to the buy last. Night then we will 15 00:01:27,23 --> 00:01:27,55 do 16 00:01:27,56 --> 00:01:34,83 a new business for redress for adoption and definitely is true that we have should 17 00:01:34,84 --> 00:01:35,55 be at your place 18 00:01:36,19 --> 00:01:42,61 a newly edited version created in red. And then. 19 00:01:45,71 --> 00:01:52,21 You go through the training just absolutely so the situation is is this we found 20 00:01:52,56 --> 00:01:57,98 ourselves well we work hard to make this process as painless as possible for 21 00:01:57,99 --> 00:02:04,10 everybody involved and I in conversations with peers learned of. 22 00:02:05,45 --> 00:02:08,55 Different processes that are used in different townships. 23 00:02:13,20 --> 00:02:18,78 The process that we use currently is one in which we have an appeal is heard 24 00:02:18,79 --> 00:02:19,75 there's a public hearing there's 25 00:02:19,76 --> 00:02:23,37 a strong vote that's held on the evening of the appeal and then 26 00:02:23,38 --> 00:02:25,48 a month later we draft 27 00:02:25,49 --> 00:02:31,51 a resolution to be journalist by the board thirty days later. That process is. 28 00:02:32,62 --> 00:02:37,87 Is long in that. The original process starts when somebody. 29 00:02:39,26 --> 00:02:42,56 Applies for his only certificate it gets denied they apply for 30 00:02:43,53 --> 00:02:45,09 a variance they get put on 31 00:02:45,10 --> 00:02:50,60 a docket this whole thing can take three months from start to finish and I found 32 00:02:50,66 --> 00:02:54,85 a way that we can shrink that period of time to make it easier for folks that want 33 00:02:54,92 --> 00:02:59,96 you know if you all are going to grant the variance then they can. Get there is 34 00:02:59,97 --> 00:03:02,80 only significant get their voting permit and get whatever project is that they're 35 00:03:02,81 --> 00:03:07,70 working on done quicker and that process looks like this we would have 36 00:03:07,91 --> 00:03:11,05 a. An appeal it would be heard to be 37 00:03:11,06 --> 00:03:13,04 a public hearing and then at the end instead of just taking 38 00:03:13,05 --> 00:03:14,69 a straw vote you all would make 39 00:03:14,70 --> 00:03:21,45 a motion and that motion would be. Would dispense with the action that would be 40 00:03:21,46 --> 00:03:25,26 your formal action there would be no more resolutions but that would allow me to do 41 00:03:25,27 --> 00:03:30,22 then is the day after the hearing I could issue there's only certificate and the 42 00:03:31,05 --> 00:03:37,63 successful appellant could be on their way so the changes that are listed in red. 43 00:03:39,10 --> 00:03:45,82 Are are changes to the bylaws that would allow this process to happen. A 44 00:03:45,83 --> 00:03:52,53 second item that was changed was. Related to abstentions by board 45 00:03:52,54 --> 00:03:57,28 members and the idea is that if you are going to participate in as 46 00:03:57,29 --> 00:04:00,65 a board member if you all are going to participate in deliberations then at the end 47 00:04:00,66 --> 00:04:06,79 of the day at the end of the case. It is rather incumbent upon you to make 48 00:04:06,80 --> 00:04:13,09 a decision and and vote yes or no. The situation that we found ourselves in 49 00:04:13,10 --> 00:04:16,47 sometimes is we have a member absent for example and there isn't 50 00:04:16,48 --> 00:04:20,50 a replacement and now we have four board members it takes three affirmative votes 51 00:04:20,51 --> 00:04:20,93 to grant 52 00:04:20,94 --> 00:04:25,72 a variance if you have one person that is going to vote no and the second verse 53 00:04:25,79 --> 00:04:27,51 person abstains it actually is 54 00:04:27,52 --> 00:04:31,20 a defacto no vote because they're unable to grant there's 55 00:04:31,21 --> 00:04:36,13 a case on this and the case says that you know members of 56 00:04:36,87 --> 00:04:42,33 a busy A's are elected or placed in this case in positions of responsibility quote 57 00:04:42,34 --> 00:04:46,49 for the purpose of expressing an opinion it is action and not an action that is 58 00:04:46,78 --> 00:04:52,04 that is the duty which they assume with the at the office so it's still completely 59 00:04:52,05 --> 00:04:56,73 appropriate for remember to abstain but they would just not participate in the 60 00:04:56,74 --> 00:04:59,92 deliberations they abstain at the beginning and generally abstain because of 61 00:04:59,93 --> 00:05:06,76 a conflict of interest and. I've been in. Tension. And so 62 00:05:07,34 --> 00:05:10,84 I'm just trying to make sure that an applicant gets 63 00:05:10,88 --> 00:05:15,88 a fair shake and is entitled to an up or down vote and little to that your opinion 64 00:05:16,76 --> 00:05:22,66 as to whether or not it. Very And so those are those are the suggested changes and 65 00:05:23,63 --> 00:05:27,91 I'd be happy answer any questions can you provide some clarity on the first part of 66 00:05:27,92 --> 00:05:28,52 the motion which was 67 00:05:28,53 --> 00:05:32,70 a motion shall be made pursuant to the instruction above within thirty days of the 68 00:05:32,71 --> 00:05:38,43 final hearing of the people on the one. That's what you're saying in that if you 69 00:05:38,62 --> 00:05:43,95 will you would have the ability to if you wanted to to not make them the motion 70 00:05:43,96 --> 00:05:49,94 that day so if you wanted to you could have and you've had this ability before 71 00:05:50,04 --> 00:05:53,36 labeling it you know you wouldn't table it you would just close the public hearing 72 00:05:53,37 --> 00:05:56,91 and then not take action that evening and then that would allow you to take action 73 00:05:56,95 --> 00:06:01,88 the next month if if circumstances you know dictated that that would be the right 74 00:06:01,89 --> 00:06:05,65 thing to do or that was the will of the board so this is giving the board the 75 00:06:05,66 --> 00:06:10,87 option Yes OK Now what on earth made for a motion and no one made 76 00:06:10,88 --> 00:06:17,82 a motion that it just falls during the next month. That does 77 00:06:17,83 --> 00:06:21,02 clear it up because I was looking pusing from nature and I thought we were still 78 00:06:21,03 --> 00:06:21,55 have to wait 79 00:06:21,56 --> 00:06:26,42 a few days for them to do something. You know you could you could still like the 80 00:06:26,43 --> 00:06:32,18 way I envision it is standard hearing you know ninety nine percent of the cases are 81 00:06:32,19 --> 00:06:39,05 going to be public hearing deliberation ocean but there may be an instance where it 82 00:06:39,06 --> 00:06:45,02 makes sense to to wait thirty and you know another example of that would be since 83 00:06:45,03 --> 00:06:49,57 we're not doing resolutions anymore and if we wanted to very finely crafted motion 84 00:06:50,45 --> 00:06:56,42 then it would allow us to get the temperature of the board and then what I could do 85 00:06:56,43 --> 00:07:00,33 then is go back to Larry Barbier and have him craft language or 86 00:07:00,34 --> 00:07:04,35 a motion that would be defensible especially in cases where it's highly 87 00:07:04,76 --> 00:07:07,66 controversial and and maybe it's 88 00:07:07,67 --> 00:07:11,39 a denial and it's likely to be appealed and we want to make sure that the language 89 00:07:11,40 --> 00:07:17,50 of the motion is very. Crafted very specifically acting so you could say you know 90 00:07:17,96 --> 00:07:21,21 these are the deliberations this is how I feel and then you could and then we could 91 00:07:21,22 --> 00:07:22,30 go back and get 92 00:07:22,31 --> 00:07:29,51 a good language for the motion like 93 00:07:29,52 --> 00:07:36,23 in the last paragraph this liberation 94 00:07:38,74 --> 00:07:43,11 that. Yeah. 95 00:07:51,83 --> 00:07:57,06 What every. Truck. 96 00:07:59,69 --> 00:08:04,26 Then what you're saying the last paragraph is when we go in to prove our meeting 97 00:08:04,27 --> 00:08:09,33 there that's finalizing that's at no longer can appeal the decision that has been 98 00:08:09,34 --> 00:08:09,95 made if we make 99 00:08:09,96 --> 00:08:16,17 a decision we could be of the appeal date would begin with the motion but. 100 00:08:17,29 --> 00:08:22,57 It would in my conversations with Larry with Mr Barbee air. And this actually goes 101 00:08:22,58 --> 00:08:27,06 to the point that Mr Martin raised in an e-mail to the board related to the date of 102 00:08:27,07 --> 00:08:34,04 journalism and so the clock starts on the ability to appeal when the motion is 103 00:08:34,96 --> 00:08:40,81 so. That's when but it would be formalized you would see the motion in writing in 104 00:08:40,82 --> 00:08:44,68 the minutes and that would be the record moving forward if we had to look back and 105 00:08:44,69 --> 00:08:45,92 say sort of looking at 106 00:08:45,93 --> 00:08:52,54 a resolution we would look back and see the minutes. I've got 107 00:08:53,14 --> 00:08:57,37 two comments one one procedural and one substantive on the procedural this is 108 00:08:57,57 --> 00:09:03,01 directed both to Jeff and to the chair. Since joining the board I really have made 109 00:09:03,02 --> 00:09:08,37 an effort to play nice I don't believe in God meetings so in the future when I do 110 00:09:08,38 --> 00:09:12,75 send out e-mails that are substantive of nature and make up I think constructive 111 00:09:12,76 --> 00:09:17,63 suggestions I would ask that the chair at least acknowledge the e-mail and that you 112 00:09:17,64 --> 00:09:20,24 acknowledge even though you don't have to respond to it but just tell me that you 113 00:09:20,25 --> 00:09:24,38 got it because I think the comp the email that you would just alluded to I sent out 114 00:09:24,39 --> 00:09:24,58 over 115 00:09:24,59 --> 00:09:29,46 a week ago and I heard from no one not any board member not the chair and I don't 116 00:09:29,47 --> 00:09:33,36 think that's appropriate I think I should hear at least from the chair and from you 117 00:09:33,37 --> 00:09:37,40 in terms of saying whether the email was right wrong or are subject to 118 00:09:37,47 --> 00:09:42,27 interpretation but I would ask that be the case in the future and I will continue 119 00:09:42,28 --> 00:09:47,34 to play nice but in order to do that that's the way I think I need to hear back 120 00:09:47,35 --> 00:09:49,04 from you guys I think that if we're going to have 121 00:09:49,65 --> 00:09:54,82 a conversation about the merits of something that is discussed in my group meeting 122 00:09:54,83 --> 00:09:58,38 it needs to be in an open meeting absolute distinct Just tell me I got your email 123 00:09:58,39 --> 00:10:03,13 and it's under you know taken to Barbieri but hearing nothing I frankly I don't 124 00:10:03,14 --> 00:10:07,06 know if you get the emails or not though I think it's just I should get some 125 00:10:07,07 --> 00:10:08,62 acknowledgment that's all I'm asking for not 126 00:10:08,63 --> 00:10:11,43 a substantive I think it would be highly inappropriate to have 127 00:10:11,44 --> 00:10:17,39 a substantive online discussion on just saying as I got your email point better 128 00:10:17,43 --> 00:10:22,53 POINT we'll talk about it whatever that's all it does this sort of dialogue and 129 00:10:22,54 --> 00:10:27,72 it's not talking about specific case fall in the sunshine law. Good question I 130 00:10:27,73 --> 00:10:32,10 don't know I don't know the exact answer to that I just preferred not to have 131 00:10:32,39 --> 00:10:37,25 substantive conversations through you now and I think that you're right there may 132 00:10:37,26 --> 00:10:41,37 be some wiggle room there because this is less about her face and more about the 133 00:10:41,38 --> 00:10:46,79 internal workings of the board right but. I just always err on the side of caution 134 00:10:47,30 --> 00:10:50,77 and I agree with that too that's why as I wish some of our substantive discussions 135 00:10:50,78 --> 00:10:55,21 about other issues have been at the meeting and that's why I resisted. The effort 136 00:10:55,22 --> 00:10:59,80 to that the military want to be to meet with them on something which I thought was 137 00:11:00,55 --> 00:11:04,13 that that should be met upon which was the whole issue of finding out about 138 00:11:04,14 --> 00:11:07,93 violations I'm not trying to but we're over the whole past I just think that in the 139 00:11:07,94 --> 00:11:13,02 future you don't have to say yes you don't have to say Good idea bad idea this time 140 00:11:13,03 --> 00:11:16,78 you got the email and leave it at that that's all I just need to hear that you guys 141 00:11:17,15 --> 00:11:23,49 get the stuff that's all I'm saying on the on the substantive issue. On the vote 142 00:11:23,75 --> 00:11:29,55 not to upstage. In fact if you read that case which I assume you have it's not as 143 00:11:29,56 --> 00:11:32,26 you just stated a an abstention this is 144 00:11:32,27 --> 00:11:37,61 a defacto Yes under the common law in Ohio and that case confirms it so if 145 00:11:37,62 --> 00:11:43,42 a member of the abstains and in Ohio is basically 146 00:11:43,46 --> 00:11:49,20 a constructive Yes though there in fact there is absolutely nothing wrong or would 147 00:11:49,21 --> 00:11:52,97 not change anything with an abstention and there are times when I think it is 148 00:11:52,98 --> 00:11:54,29 important that 149 00:11:54,30 --> 00:11:58,41 a member have the ability to abstain even when they participated in the discussions 150 00:11:58,77 --> 00:11:59,47 obviously if there's 151 00:11:59,48 --> 00:12:02,76 a conflict of interest they need to abstain from participating in the discussions 152 00:12:02,80 --> 00:12:06,93 however. And I'll give you the example that immediately comes to mind and that's 153 00:12:06,94 --> 00:12:11,37 the signage up on Culver and ave the high sign which I think is still there the 154 00:12:11,54 --> 00:12:17,25 Iron Works silver been removed I did not in that situation there was actually no 155 00:12:17,26 --> 00:12:20,54 reason why I couldn't participate so I did not abstain from the discussion on the 156 00:12:20,55 --> 00:12:27,01 other hand I didn't feel comfortable voting violation of that particular 157 00:12:27,35 --> 00:12:33,11 circumstance because in my opinion and it's only my opinion. That person was being 158 00:12:33,15 --> 00:12:36,93 unfairly treated because they did the right thing by filing the appeal whereas 159 00:12:36,94 --> 00:12:37,62 other notices 160 00:12:37,63 --> 00:12:41,64 a violation of been issued other people of color an avenue and they just ignored us 161 00:12:42,13 --> 00:12:46,79 this person in my opinion rightly or wrongly and I'm not looking for 162 00:12:46,80 --> 00:12:50,05 a substantive discussion about that all again but rightly or wrongly I thought that 163 00:12:50,06 --> 00:12:55,32 they were being disadvantaged However. They certainly were in violation of the 164 00:12:55,33 --> 00:12:59,61 ordinance but consequently of vote of no by me would have indicated that I thought 165 00:12:59,62 --> 00:13:04,57 they were were not in violation of vote of yes by me was not consistent with my 166 00:13:04,58 --> 00:13:10,57 conscience Consequently I abstained and under Ohio law knowing full well that under 167 00:13:10,58 --> 00:13:11,88 Ohio law had there been 168 00:13:11,89 --> 00:13:18,14 a tie or had there been other people that for whatever reason you needed to count 169 00:13:18,15 --> 00:13:21,68 my vote it would have been counted as a yes but at least as 170 00:13:21,69 --> 00:13:25,55 a matter of principle as I stated in my email to you I had the opportunity to 171 00:13:25,56 --> 00:13:31,31 abstain so. If need be you can check with Marbury about that if you haven't read 172 00:13:31,32 --> 00:13:37,20 the case but that's what the cases I did talk with Mr Barbier and we discussed the 173 00:13:37,21 --> 00:13:43,40 case and we discussed the putting in. Language into the bylaws that would 174 00:13:43,93 --> 00:13:45,18 make an abstention 175 00:13:45,22 --> 00:13:50,10 a de facto yes and is legal opinion was he didn't feel comfortable with that and I 176 00:13:50,11 --> 00:13:53,59 do that because the courts might change their mind on that and that's it and I 177 00:13:53,60 --> 00:13:53,79 think 178 00:13:53,80 --> 00:13:58,55 a situation best left to the courts but the My point is there's no need to address 179 00:13:58,56 --> 00:14:02,85 this issue that hasn't it has not in my two years on the on the board it has not 180 00:14:02,86 --> 00:14:07,03 been an issue and it has only been one instance where there's been an abstention if 181 00:14:07,04 --> 00:14:11,50 it had been an issue under our laws Mr Barberry would have told you it would have 182 00:14:11,51 --> 00:14:12,15 been counted as 183 00:14:12,16 --> 00:14:18,19 a yes so why why roll over Iraq that we don't need to roll over in my opinion our 184 00:14:18,20 --> 00:14:22,22 opinions differ my opinion it is an issue and it could be an issue in the future 185 00:14:22,23 --> 00:14:27,94 and I believe that if somebody is going to go through this process and they deserve 186 00:14:27,98 --> 00:14:28,48 a yes or 187 00:14:28,49 --> 00:14:35,43 a no vote and an extension is. When you need three votes to pass 188 00:14:35,44 --> 00:14:40,05 an appeal and if there is someone absent as I mentioned it's 189 00:14:40,24 --> 00:14:43,78 a serious disadvantage and and that situation abstention as 190 00:14:43,79 --> 00:14:49,54 a yes under law. But not under our bylaws No 191 00:14:50,38 --> 00:14:54,72 And I mean so we're saying great court trumps our bylaws and the Supreme Court and 192 00:14:54,73 --> 00:14:58,53 that's what I wanted to make sure you spin you specifically said that it's 193 00:14:58,54 --> 00:15:04,31 a defacto No it's in fact under the law it defacto Yes and that would require the 194 00:15:04,32 --> 00:15:05,56 applicant to incur 195 00:15:05,57 --> 00:15:11,04 a significant amount of expense to fight to file an appeal and then say that 196 00:15:11,05 --> 00:15:11,95 a in fact this is 197 00:15:11,96 --> 00:15:17,14 a denial Yes and it would it would just require you saying the tally of the vote is 198 00:15:17,97 --> 00:15:23,65 read it two or two to two with one abstention which under Ohio law is 199 00:15:23,66 --> 00:15:27,37 a yes that's all it requires I don't know that I would do that I would say it's to 200 00:15:27,38 --> 00:15:31,24 tell you when you require two to two to one and it requires three votes to pass 201 00:15:31,33 --> 00:15:35,84 well then I would. Then you should check with Mr Barbera because then you're not 202 00:15:35,88 --> 00:15:41,69 following Ohio law but I have to. And our conversations together have led us to 203 00:15:41,86 --> 00:15:44,02 suggest that should 204 00:15:44,03 --> 00:15:49,51 a board member to spin deliberations the board members of the on and. On the Case 205 00:15:49,52 --> 00:15:54,27 and shall not abstain so you. Can you can vote on that tonight I can but I will I 206 00:15:54,28 --> 00:15:57,59 will conclude let me just ask you one question I will I will shut up and set up 207 00:15:58,68 --> 00:16:01,81 under Ohio law if I abstain is that 208 00:16:01,82 --> 00:16:06,63 a de facto yes or de facto No I'd have to check with Larry but I recommend we defer 209 00:16:06,64 --> 00:16:11,07 any of this conversation until we get an affirmative yes or 210 00:16:11,22 --> 00:16:15,30 a negative from Mr but that doesn't show you can or you guys are free to read the 211 00:16:15,31 --> 00:16:20,16 case law and that doesn't change the another part of the issue which is that if 212 00:16:20,17 --> 00:16:25,36 somebody comes here you know. People or members of the B.C. 213 00:16:25,37 --> 00:16:28,96 Air elected to emplace in positions of responsibility for the purpose of expressing 214 00:16:28,97 --> 00:16:30,65 an opinion action and not an action is 215 00:16:30,66 --> 00:16:35,42 a duty that this room of the office absolutely expects that you all have an opinion 216 00:16:35,43 --> 00:16:39,17 and that you vote yes or no in this case and I just placed my position I just gave 217 00:16:39,18 --> 00:16:39,24 you 218 00:16:39,25 --> 00:16:43,66 a very concrete example of where you know again I don't know why this is there are 219 00:16:43,67 --> 00:16:48,42 so many issues Jeff and there's so much of an opportunity for raw postmarked there 220 00:16:48,43 --> 00:16:54,17 is not a desire on my part to make this a cause celeb on the other hand make it 221 00:16:54,18 --> 00:16:58,31 a cause celeb we will because I think it's ridiculous that you brought this issue 222 00:16:58,32 --> 00:17:02,42 up it's not necessary it has not come up in the two years that about on the board 223 00:17:02,66 --> 00:17:04,37 and it just further exacerbates 224 00:17:04,75 --> 00:17:08,74 a situation that I don't think needs to be dealt with thank you for your opinion 225 00:17:09,01 --> 00:17:15,79 you're welcome. Order of the changes that are 226 00:17:15,80 --> 00:17:22,58 being suggested require action by the board we won through in so doing 227 00:17:22,59 --> 00:17:27,02 a board to do for on the apps dating issue. 228 00:17:29,96 --> 00:17:35,56 Just procedurally requires the bylaws required for changes to the bylaws the issue 229 00:17:35,58 --> 00:17:37,92 to be presented to the and then at 230 00:17:37,93 --> 00:17:42,42 a subsequent meeting it would be voted on so that gives an opportunity to have 231 00:17:42,45 --> 00:17:44,74 continued discussions with with Mr Barbee air 232 00:17:45,38 --> 00:17:49,73 a move that we make the we adopt the changes with the exception of the change about 233 00:17:50,59 --> 00:17:51,84 abstentions I'm not sure that 234 00:17:51,86 --> 00:17:55,40 a motion is in order just yet because it can't happen that this meeting has to 235 00:17:55,41 --> 00:18:00,20 happen has more will happen in January meeting or than I would I would make 236 00:18:00,22 --> 00:18:03,77 a formal request that Mr Barberry issue 237 00:18:04,31 --> 00:18:09,93 a response to my question and your question is an abstention under Ohio law 238 00:18:09,97 --> 00:18:11,20 a defacto yes or 239 00:18:11,22 --> 00:18:18,15 a defacto no good thank you. And this will become 240 00:18:18,16 --> 00:18:19,94 an agenda item in our journey where 241 00:18:19,95 --> 00:18:26,63 a meeting corrects. Thank you all for that 242 00:18:26,64 --> 00:18:33,22 discussion. Let's do adopt the resolutions for adoption. And 243 00:18:35,86 --> 00:18:41,88 the first case. Two thousand and fourteen dish twenty five. 244 00:18:42,97 --> 00:18:49,56 And it is WERE is Robert enjoy and the Angeles two over the first two thousand and 245 00:18:49,57 --> 00:18:54,37 fourteen. Easy A two thousand and fourteen dish twenty five with Korean 246 00:18:54,38 --> 00:18:59,13 contribution. Pursuant to Article three point three point two is there any 247 00:18:59,14 --> 00:19:00,12 resolution seeking 248 00:19:00,13 --> 00:19:05,61 a variance as applied to property located at seven two nine two two world would 249 00:19:05,80 --> 00:19:11,94 lane or in township. Therefore be it resolved that by virtue of the foregoing good 250 00:19:11,95 --> 00:19:17,94 coring touch abortive does here by Granted variance of Articles section ten point 251 00:19:17,95 --> 00:19:19,94 two point one bracket C. 252 00:19:19,95 --> 00:19:24,44 And ten point two point three brackets to his own resolution subject the following 253 00:19:24,45 --> 00:19:30,25 conditions and those are one through three. And I guess we do 254 00:19:30,26 --> 00:19:36,98 a roll call vote and that. It is one of the common Yeah I think I do want to thank 255 00:19:36,99 --> 00:19:39,10 Becky. I just got these 256 00:19:39,12 --> 00:19:43,30 a septum. I didn't see this the second was on the minutes and she did make the 257 00:19:43,31 --> 00:19:47,78 change. That I asked for because I wanted to make it clear I want to go on the 258 00:19:47,78 --> 00:19:52,66 record to make clear that. The motion was to prove this is an accessory structure 259 00:19:52,67 --> 00:19:55,58 and that we were not taking the position that a carport is 260 00:19:55,59 --> 00:20:00,20 a garage for future cases but with that statement I'm ready to vote. 261 00:20:03,45 --> 00:20:09,56 Mr Kelly. Smart yes Mr Brace. 262 00:20:11,21 --> 00:20:14,67 Straining or. Serve it yes. 263 00:20:18,94 --> 00:20:25,89 That passes. And then. Is Easy A thousand and 264 00:20:25,90 --> 00:20:32,77 fourteen dash twenty six. Where is and McBride on October tenth two thousand and 265 00:20:32,78 --> 00:20:34,80 fourteen filed an appeal or B.C. 266 00:20:34,81 --> 00:20:38,14 a Two thousand and fourteen to twenty six of the Korean touch of B.Z. 267 00:20:38,15 --> 00:20:43,13 a Pursuant to Article three point three point two zero zero resolution seeking 268 00:20:43,14 --> 00:20:44,35 a branch as applied to 269 00:20:44,36 --> 00:20:50,65 a property located at nine forty five nine nine four five five in one four two 270 00:20:50,66 --> 00:20:56,43 seven Corine Avenue in county therefore be resolved by virtue of the foregoing 271 00:20:56,44 --> 00:21:00,36 Korean cash or borders or any appeals to us here by grant of variance of Article 272 00:21:00,37 --> 00:21:06,43 Section eight point three point one has any resolution subject to Mission one two 273 00:21:06,44 --> 00:21:09,60 three. Then will do 274 00:21:09,61 --> 00:21:16,06 a roll call vote Mr KELLY I Mr Martin No Mr Price. 275 00:21:17,57 --> 00:21:20,66 Mr running or I Mr better now. 276 00:21:29,38 --> 00:21:34,40 Next is. Two thousand and fourteen dish twenty seven 277 00:21:36,44 --> 00:21:42,18 where is your bow on October fourteenth two thousand and fourteen part of peel B.C. 278 00:21:42,19 --> 00:21:46,28 Eight to fourteen just by seventh grade catch your borders or any appeals pursuant 279 00:21:46,29 --> 00:21:50,10 to Article three point three point two zero zero resolution seeking 280 00:21:50,11 --> 00:21:55,26 a variance as applied to property located at four zero one one West camp or road 281 00:21:55,27 --> 00:22:00,73 Corps in township Hamilton County therefore great resolve that by virtue of the 282 00:22:00,74 --> 00:22:04,56 foregoing according township board is only proposed as hereby granted variance of 283 00:22:04,57 --> 00:22:08,69 Article I Section ten point two point one racket see it was 284 00:22:08,70 --> 00:22:13,46 a new resolution subject to the following conditions as are one through four. 285 00:22:15,56 --> 00:22:16,33 We would do 286 00:22:16,40 --> 00:22:23,97 a roll call to police Mr Kelly and state. To Martin Yes. Mr 287 00:22:23,98 --> 00:22:29,69 PRICE. Surrounding or. Mr victim yes. 288 00:22:31,78 --> 00:22:38,40 In the final resolution final. Where is Brian 289 00:22:38,45 --> 00:22:41,82 Arnold on October seventeenth appeal number B.Z. 290 00:22:41,83 --> 00:22:46,97 Eight to fourteen dish twenty eight going to your borders only appeals to authority 291 00:22:47,16 --> 00:22:49,54 three point three point two zero new resolution seeking 292 00:22:49,55 --> 00:22:53,83 a variance is applied to property located nine four to seven corps and have no 293 00:22:53,84 --> 00:22:56,67 Korean patch of Hamilton County where as 294 00:22:56,68 --> 00:23:00,67 a board is considered all evidence properly presented and if I buy into to deny the 295 00:23:00,68 --> 00:23:04,17 variance would result in necessary hardships to the owner of the premises in 296 00:23:04,18 --> 00:23:08,38 question would not be in keeping with zoning of the spirit of zoning resolution 297 00:23:08,39 --> 00:23:12,77 therefore be resolved by virtue of the foregoing to Korean touch boarding as only 298 00:23:12,78 --> 00:23:14,09 appeals as here by Grant 299 00:23:14,10 --> 00:23:20,28 a variance. Calls the last section fifteen point five point six between point by 300 00:23:20,29 --> 00:23:27,16 point eight bracket during resolution object condition one two and three in the 301 00:23:27,17 --> 00:23:34,17 rain or little old woman Miss with. Mr MARTIN Yes Mr 302 00:23:34,18 --> 00:23:39,03 Price. Mr running or. Mr Burton Yes. 303 00:23:44,23 --> 00:23:50,09 That will just. Have. Unfinished business I've got. 304 00:23:52,21 --> 00:23:57,87 That's seeing. You Jeff but I do have what I'd like to yes to boards and put on 305 00:23:58,51 --> 00:24:03,12 tonight I think has been extraordinary example of what I would like to propose 306 00:24:03,78 --> 00:24:09,56 between our more more meetings there are is going to be. An opportunity for 307 00:24:09,57 --> 00:24:15,22 discussion about zoning code or how it's applied war where we're going to have 308 00:24:15,26 --> 00:24:18,14 issues that don't necessarily speak to 309 00:24:18,15 --> 00:24:23,35 a specific case since that would violate site sign laws but would be an opportunity 310 00:24:23,36 --> 00:24:23,58 for 311 00:24:23,59 --> 00:24:30,68 a dialogue with the administration about it's going issue and we can then 312 00:24:30,89 --> 00:24:35,56 only come to our public hearing move through the cases with that background and 313 00:24:35,57 --> 00:24:41,37 have whatever unfinished but over partial questions we have answered but we're more 314 00:24:41,38 --> 00:24:47,31 informed in the hearing can move more quickly. And would love for 315 00:24:47,32 --> 00:24:53,32 a more open discussion about whatever's owning issue or conflict might be present. 316 00:24:54,80 --> 00:25:01,05 Dissipating maybe one meeting every quarter ever general zoning issues or zoning 317 00:25:01,06 --> 00:25:07,50 questions and that. But not case specific by no means case specific but 318 00:25:07,81 --> 00:25:08,45 it's basically 319 00:25:08,46 --> 00:25:15,45 a work session. Just like some input on that so we don't need do the work sessions 320 00:25:15,46 --> 00:25:21,85 in the public sphere and basically that's going to. You're not violating I'd like 321 00:25:21,86 --> 00:25:27,71 to learn more stuff. Can you elaborate again that and I don't want to restate what 322 00:25:27,72 --> 00:25:31,06 I said earlier but I did respond to the suggestion over about a month 323 00:25:31,07 --> 00:25:36,06 a colon it in your back to me because I do have and I I don't know if you've had 324 00:25:36,07 --> 00:25:40,68 a chance to think about the things I sent you or not of the concerns that I say my 325 00:25:40,72 --> 00:25:45,82 my concern is the Sunshine Law right whether this is going to be. Something that 326 00:25:45,98 --> 00:25:50,27 somebody is going to suggest that we are or something we're going to have 327 00:25:50,28 --> 00:25:53,60 a stenographer there are we going to is it going to be televised it's going to be 328 00:25:53,61 --> 00:25:58,98 on the record. Those are issues that I that I did raise and that e-mail me and I 329 00:25:58,99 --> 00:26:04,54 hear back from you. Like my thought of this is is 330 00:26:04,55 --> 00:26:11,27 a working session. There are no motions made or rules 331 00:26:11,28 --> 00:26:16,61 passed but it is OP who declare by things that may come up in 332 00:26:16,62 --> 00:26:21,70 a meeting of the meetings can move and smooth way I don't think we need to make. 333 00:26:23,55 --> 00:26:24,41 I don't I don't see 334 00:26:24,42 --> 00:26:26,99 a need for that but I'm not suggesting we I'm just trying to get 335 00:26:27,00 --> 00:26:31,96 a handle on what what you have in mind that's OK I mean the whole administrative 336 00:26:32,06 --> 00:26:37,01 thing we're talking about tonight is I don't think underneath would not violate 337 00:26:37,02 --> 00:26:41,58 such I love it makes us work more efficiently. I mean I can see it as 338 00:26:41,59 --> 00:26:46,60 a great example of going back over some cases that we've had in the past that you 339 00:26:46,61 --> 00:26:50,57 know hey why can't we bring this to the zoning board so that they can change the 340 00:26:50,58 --> 00:26:53,98 law instead of us making a variance for it I think this would be 341 00:26:53,99 --> 00:27:00,16 a good opportunity to discuss those types of things. So for example your issue of 342 00:27:00,21 --> 00:27:05,82 what's carport. Mission. It's 343 00:27:05,83 --> 00:27:10,25 a good idea but I'm well aware of the Clear Creek controversy and you know the 344 00:27:10,29 --> 00:27:11,69 existence of a Clear Creek is 345 00:27:11,70 --> 00:27:18,57 a clear creek that was sued rather extensively for having meetings and they may 346 00:27:18,58 --> 00:27:22,08 have the name of the township on but it was but it's been in the news recently 347 00:27:22,09 --> 00:27:27,76 where you know townships have been accused of having meetings. Where substantive 348 00:27:27,77 --> 00:27:32,41 issues were discussed where the public was not invited to or excluded from and I 349 00:27:32,42 --> 00:27:36,58 just don't want to set us up for that or again the concept as I said in my email to 350 00:27:36,59 --> 00:27:42,45 the concept is a good idea but I think we need to make sure that we don't run 351 00:27:42,46 --> 00:27:48,39 a foxhole of problems you know we've had at least one workshop that I. Know isn't 352 00:27:48,40 --> 00:27:53,00 but we can't we I think when you and I discussed when we talked about it briefly 353 00:27:53,37 --> 00:27:58,57 and the I mean we can't talk about any cases that are pending at all back that's 354 00:27:58,58 --> 00:28:03,54 not being turned right on even though that would be necessarily closed to any 355 00:28:03,55 --> 00:28:08,78 public who wants to come they were spending time you know listening to your credit 356 00:28:08,79 --> 00:28:15,19 dialogue but. I don't see where it's necessarily close but it would make 357 00:28:15,27 --> 00:28:17,46 a public meeting hopefully 358 00:28:18,23 --> 00:28:24,24 a process of the room with less but I did question about. When it comes always 359 00:28:24,25 --> 00:28:27,59 finds it I find amusing how many fast food restaurants do we need 360 00:28:27,60 --> 00:28:32,73 a corridor of that may not be pertinent to the here but it certainly is an 361 00:28:32,74 --> 00:28:39,51 opportunity to talk about how many restaurants that we meet or any of it. But. 362 00:28:40,70 --> 00:28:47,26 It wouldn't be germane to. Whoever cards in next they don't care whether. 363 00:28:48,42 --> 00:28:52,76 The way. These a solution might be just we have ties as 364 00:28:52,77 --> 00:28:57,62 a meeting and we the agenda is just working session in this sort of matters and 365 00:28:57,67 --> 00:29:03,09 anybody wants to come in and I don't work you know you have. Plenty of seating I 366 00:29:03,10 --> 00:29:07,99 wouldn't even see that we mean we could do it or not to employ backroom but here 367 00:29:08,00 --> 00:29:09,42 tonight it's just 368 00:29:09,43 --> 00:29:14,69 a roundtable discussion about OK what. What's going to bubble up and then we get 369 00:29:14,70 --> 00:29:19,05 a handle on people we get the beating as long as it was last is Barbieri doesn't 370 00:29:19,06 --> 00:29:23,32 believe that were violating the sunshine laws and. I think it's 371 00:29:23,33 --> 00:29:27,28 a good idea I just want to make sure that we follow the law and if that's all I've 372 00:29:27,37 --> 00:29:30,30 said on the conversations not results are revolving around 373 00:29:30,31 --> 00:29:35,70 a listing of future cases and not violating which I don't like the workings of how 374 00:29:35,70 --> 00:29:38,74 . Bonior or as 375 00:29:38,75 --> 00:29:42,39 a matter of fact we have an opportunity I don't believe we've been having cases 376 00:29:42,92 --> 00:29:45,03 where we've used to January meeting as 377 00:29:45,04 --> 00:29:50,88 a prototype pro-forma working session and that's what I mean. But I. 378 00:29:51,99 --> 00:29:53,32 What we did tonight I think is 379 00:29:53,33 --> 00:29:59,48 a work of what you know I would hate to do that but of people waiting to hear their 380 00:29:59,49 --> 00:30:04,56 cases but. That I would hate to do it bro I mean big noise that work was set up 381 00:30:04,57 --> 00:30:09,58 here and listen put but it's really not what stance but they want you can just go 382 00:30:09,59 --> 00:30:14,53 to your. I assume is an alternate that I can even if you know we have 383 00:30:14,54 --> 00:30:18,89 a full house if you come in it just ain't cut because it was going to venture up 384 00:30:18,90 --> 00:30:24,71 your defend task opportunity for me. You know by the time that you're. 385 00:30:26,44 --> 00:30:33,02 Really doing much better I think I'm really all kind to underline that I think what 386 00:30:33,03 --> 00:30:35,98 the country I would I would think that you'd want to make sure that the alternates 387 00:30:35,99 --> 00:30:39,34 are invited and take note of the options that don't show up because frankly there 388 00:30:39,35 --> 00:30:39,40 are 389 00:30:39,41 --> 00:30:44,11 a couple people that are alternates that I saw the first of the swearing in two years 390 00:30:44,12 --> 00:30:46,22 ago and ever since and. It's 391 00:30:46,23 --> 00:30:50,10 a good opportunity for an alternate to inforce their interest in being on there are 392 00:30:50,11 --> 00:30:56,99 so many questions I have for you guys yeah but I just did I don't. Mean 393 00:30:57,00 --> 00:31:03,68 in Help me understand that. You know we have the formal planning 394 00:31:03,69 --> 00:31:08,69 seminars that are put on Anderson Council ever but this is more remain to. 395 00:31:10,48 --> 00:31:17,40 Ride OK Well I think that would if we had no cases been January that would be 396 00:31:17,41 --> 00:31:19,24 the first roll out of just 397 00:31:19,77 --> 00:31:25,86 a discussion you know what is an issue with us we may I think also be welcome to 398 00:31:25,87 --> 00:31:31,69 bring issues to happen as opposed to them bringing this is buskers up to may have 399 00:31:31,70 --> 00:31:38,70 come up that we have an interest in. How will that play out. I would do I would 400 00:31:38,71 --> 00:31:41,83 suggest separate January. And I think just 401 00:31:41,84 --> 00:31:48,62 a suggestion sounds good. We're going to meet anyway and we can meet in the 402 00:31:48,63 --> 00:31:55,56 meantime but this gives us as to work that out. Of my head any 403 00:31:55,60 --> 00:32:01,90 business is and. We haven't been many minutes or correction. 404 00:32:04,47 --> 00:32:09,66 And. I highlighted. This at places. 405 00:32:13,85 --> 00:32:20,63 That there's any other. I just want my request to Barbier you issue an opinion to 406 00:32:20,84 --> 00:32:22,90 make sure that Larry understands what I'm looking for is 407 00:32:22,91 --> 00:32:26,69 a yes or no I don't want township to spend one hundred dollars on 408 00:32:26,70 --> 00:32:32,16 a legal memorandum or three hundred dollars and all you need to do. Is read that 409 00:32:32,17 --> 00:32:36,55 case I'm sure is read already and say yes or no that's what I'm looking for I'm not 410 00:32:36,56 --> 00:32:36,93 looking for 411 00:32:36,94 --> 00:32:41,99 a legal memorandum but I am hoping that this is I lived through that we can hear 412 00:32:41,100 --> 00:32:46,43 before the meeting so that you know we're not coming to the meeting waiting to find 413 00:32:46,44 --> 00:32:50,94 out when Mr very decided we're three weeks before that so if you could send us an 414 00:32:50,95 --> 00:32:55,25 e-mail saying this is Larry's opinion on this yes or no and that's all I'm looking 415 00:32:55,26 --> 00:32:59,66 for that would be great. For us for 416 00:32:59,67 --> 00:33:06,30 a motion to prove the minutes. Of every time he's meeting that we're not email but 417 00:33:06,36 --> 00:33:13,16 we're present at your place of the evening as amended is amended Thank you. For 418 00:33:13,17 --> 00:33:18,74 that we do that. Motions We made his or second I second the motion made second 419 00:33:18,80 --> 00:33:23,73 question very not all in favor I Okey dokey. 420 00:33:26,63 --> 00:33:27,52 Mr B.-C. 421 00:33:27,53 --> 00:33:33,38 Rules and procedures we just did that actually. Jumping on that sorry about that I 422 00:33:33,39 --> 00:33:38,93 thought was new is out here number Yeah all right. German I do have an announcement 423 00:33:38,94 --> 00:33:44,42 to make yes yesterday at the trustees meeting the trustees appointed two new 424 00:33:44,43 --> 00:33:45,77 members to the to the B.B.C. 425 00:33:45,78 --> 00:33:51,52 One being Mr Right in your been reappointed we're really excited about that. 426 00:33:53,77 --> 00:33:57,40 Thank you for your certain other hundred years. And there's 427 00:33:57,41 --> 00:34:03,14 a new alternate named Elisei Pilsen and she will be joining us should be sworn in 428 00:34:03,15 --> 00:34:06,31 at the next meeting and joining us I think should be 429 00:34:06,32 --> 00:34:12,85 a great addition her interview was phenomenal and I think she'll be great but it's 430 00:34:12,86 --> 00:34:19,85 like. JOHN going to favor I thank you all very much you're 431 00:34:19,86 --> 00:34:24,82 a Merry Christmas to. You.